ACLU Challenges School's Banning of Gay Books

October 6, 1998

The American Civil Liberties Union of Wisconsin (ACLU/WI) on October 6, 1998, urged the Barron, Wisconsin, Area School District to reconsider its decision to remove four gay-themed books from the Barron High School Library.

The district acted after receiving a citizen complaint about several books. District Administrator Vita Sherry ordered the removal of Baby Be-Bop by Francesca Lia Block and When Someone You Know is Gay by Susan and Daniel Cohen. The School Board ordered the removal of two additional books Two Teenagers in Twenty by Ann Heron and The Drowning of Stephan Jones by Betty Greene. All of the removed books deal with gay themes.

The ACLU of Wisconsin is investigating to determine whether or not the district has violated the district students' right to read as established by the First Amendment. Additionally, the ACLU of Wisconsin seeks to determine whether or not the district is acting in a discriminatory fashion against gay and lesbian students contrary to Wisconsin law. The investigation may lead to a legal challenge of the bannings.

"The ACLU of Wisconsin agrees that the District and the School Board have a legitimate role in promoting the values of its community through the curriculum. We are troubled, however, by the district's apparent anti-gay and sectarian motivation in removing these books from the school library," said Christopher Ahmuty, Executive Director, ACLU/WI, in a statement released October 6th.

In the case of one book, When Someone You Know is Gay, the District Administrator writes, "The information in Chapter 6 would, I believe, lead them [the students] to think that they are free to interpret the biblical references in any way they wish. I believe this is a dangerous viewpoint, although I recognize that it seems to be a rather popular one at this time. This viewpoint does a disservice to Barron's religious community, and I cannot support it."

Ahmuty continued, "School libraries should reflect a diversity of viewpoints. As the U.S. Supreme Court has said, local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books, and seek by their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.'" See summary of Board of Education, Island Trees Union Free School District 26 v. Pico, by his next friend, et al. , 457 U.S. 853 (1982) in the ACLU/WI Young People's web pages.

"As District Administrator Sherry admits, 'We cannot pretend there are no gays/lesbians in Barron High School. We must provide support for those students who are dealing with these issues.' Unfortunately, whatever concern the district may have for these students is rendered meaningless by her action and that of the School Board. That is why the ACLU of Wisconsin is investigating a possible violation of Wisconsin's state law protecting gay and lesbian students from discrimination," Ahmuty continued.

The District and the ACLU of Wisconsin are both proceeding along different courses of action. The ACLU/WI has already received a reply to its initial public records requests and is now considering a possible legal challenge. The School Board has asked its Policy and Personnel Committee to review the district's library materials selection policy. At least three more complaints regarding additional library books are pending. "The ACLU is afraid that other books and the integrity of selection process may be put in jeopardy by the district's questionable motivation," Ahmuty concluded.

In conjunction with Banned Books Week, the national ACLU's website featured Tools for fighting the censors in your community, including a letter the ACLU of Wisconsin sent to another Wisconsin school district regarding censorship.